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KARAMJIT SINGH
Punjab & Sind Bank – Appellant
Versus
Manglam Recycling Limited – Respondent
JUDGMENT :
(Karamjit Singh, J.)
Present civil revision petition has been filed by the petitioner/defendant against order dated 28.08.2023 (Annexure P4) passed by the Court of Civil Judge, Junior Division, Ludhiana whereby an application filed by the petitioner under Order 7 Rule 11 CPC (Annexure P2) seeking rejection of the plaint on the ground of non-payment of ad valorem Court fee, has been dismissed in Civil Suit No.2372 of 2020 titled as M/s.Manglam Recycling Limited v. Punjab and Sind Bank and another.
2. Counsel for the petitioner submits that the respondents filed suit for damages worth Rs.10 crores against the petitioner on account of loss and defamation caused by the petitioner to the respondents. It is further submitted that value of the suit for purpose of jurisdiction was assessed as Rs.10 crores and Court fee of Rs.500/- was affixed by saying that tenative value of the suit for purpose of Court fee is Rs.5000/- only. Counsel for the petitioner further submits that the amount of damages claimed has been specifically quantified as Rs.10 crores by the respondents in the plaint; that as per law laid down by Hon'ble Supreme Court in State of Punjab and others v. Dev Brat Sha
Ad valorem Court fee must be assessed on the quantified damages claimed in a suit, as established in State of Punjab and others v. Dev Brat Sharma.
In suits for damages, the Court fee must be paid according to the amount claimed, as established by the Court Fees Act, 1870 and supported by precedent.
Ad valorem court fee is payable on the amount claimed in a money suit, irrespective of the final determination by the Court.
In suits for money, including suits for damages, the ad-valorem court fee payable shall be computed according to the amount claimed, as per Section 7 (i) of the Court Fees Act, 1870.
The main legal point established in the judgment is that the nature of the relief sought in a suit determines the applicable court fee, and if the suit is in fact for recovery of a specified amount o....
The main legal point established in the judgment is that in Suits claiming damages, the court fee payable is ad valorem according to the amount claimed, and plaintiffs cannot arbitrarily value the re....
Court fees for defamation suits must be paid ad valorem based on the claimed damage amounts, prohibiting arbitrary lower valuations prior to final adjudication.
Ad valorem court fees must be paid on liquidated damages claimed, as clarified under the Court Fees Act, contradicting the trial court's erroneous dismissal of the plaint rejecting application.
In suits for damages, court fees must be calculated on the amount claimed as per Section 7 of the Court Fee Act, and the limitation period for malicious prosecution claims starts upon final judgment ....
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